The baby’s grandmother, Danielle Jones, says Filley continually kept getting frustrated, because the baby would not calm down, so he smacked the baby across the face with his left hand.

“The baby still would not quit crying. At that point, he picked the baby up and slammed him against the wall,” said Jones.

The family claims it was not the first time that the baby was injured while he was under the care of his dad. Police reports show the baby already had bruises, a broken collarbone and five broken ribs in the last few months.

Filley was also facing charges of battery resulting in death to a person less than 14 years of age and neglect of a dependent resulting in death, but those were dismissed in the agreement.